Settlement Issues

1 04, 2011

Medicare Gets Reimbursed Even With Wrongful Death Claim if Plaintiff Claimed Medical Bills In Suit

By |2019-08-01T21:37:05-07:00April 1st, 2011|Settlement Issues|Comments Off on Medicare Gets Reimbursed Even With Wrongful Death Claim if Plaintiff Claimed Medical Bills In Suit

A very interesting decision regarding medicare reimbursement rights came down that will affect how people can litigate their cases and how they must determine medicare reimbursement rights. It addressed the big issue of whether medicare is entitled to reimbursement when plaintiff makes a claim for wrongful death. The court held that medicare can seek reimbursement in a wrongful death case when plaintiff sought medical bills.

9 02, 2010

News About Medicare Lawsuit For Recovery of Medical Expenses

By |2019-08-01T22:53:00-07:00February 9th, 2010|mediation, Settlement Issues|3 Comments

As you know, I have tried to keep you updated regarding the issues pertaining to Medicare. Here is a copy of another article addressing a first of its kind lawsuit filed by Medicare against defendants. The U.S. government's first-of-its-kind lawsuit against all parties that settled a pollution liability case signals Medicare's aggressive push to make sure it does not pay medical expenses when others are to be the primary sources of payment, observers say. The suit filed Dec. 1, 2009, cites Medicare Secondary Payer provisions in federal law that allow Medicare to recover past and future medical expenses from all parties—insured and self-insured—involved in a liability claims award or settlement that includes Medicare-eligible individuals.

8 02, 2010

Mel Gibson, Who's really the A$$h*le?

By |2010-02-08T07:16:42-08:00February 8th, 2010|Settlement Issues|0 Comments

Many times in mediation, the question or issue arises as to whether a party is making an apology because it genuinely feels remorse or whether the party is simply saying it to gain some form of economic advantage. As you will see, those same apologies, when done wrong can backfire terribly.

30 09, 2009

Stress Affects Logical Decision Making: Study Finds

By |2009-09-30T06:23:21-07:00September 30th, 2009|Pyschological Research and negotiations, Settlement Issues|0 Comments

n mediations, clients are faced with important decisions throughout the day -- what move to make, what response to have, and what to have as the bottom line? Many times, you will see a person who can normally make good decisions but is paralyzed in the mediation. Why? Well recent research demonstrates what we may have already believed: that cognitive stress can substantially affect a logical approach to decision making.

28 09, 2009

Buyers Remorse in Settlement and Mediations: Seven Ways to Avoid It

By |2019-08-01T22:33:09-07:00September 28th, 2009|mediation, negotiation, Pyschological Research and negotiations, Settlement Issues|1 Comment

Recently, I read a blog post regarding attorneys coercing their clients to settle a case. On Victoria Pynchon’s blog, Settle It Now. This made me think about the issue of buyers remorse that can happen in mediation and how to avoid the issue. This is an important issue there are known cases of clients suing attorneys (or the other side) after having settled the case. For example, Joe Francis of Girls Gone Wild sued to rescind the settlement.

24 09, 2009

Wedding Crashers' Mediation and Negotiation Lessons

By |2009-09-24T06:24:27-07:00September 24th, 2009|mediation, negotiation, Settlement Issues|6 Comments

For many years now, my good friends Gig Kyriacou and Myer Sankary and I have presented a seminar at various conventions regarding mediation techniques identified through the movies. One movie that never ceases to entertain the audience and provide meaningful tips for negotiators is the movie "Wedding Crashers."